An original song is a great example of copyrighted material. A cover song is a new performance of an original song or recording, like what we see on popular TV shows “Glee” and “American Idol.” So, if your band wants to cover another artists song, what do you have to do? The answer depends on whether you want to simply play the song live, or record it. Performing a Live Cover Version of Another Artists Song According to SESAC, one of the three big Performing Rights Organizations (PRO) in the US, “Anyone who plays copyrighted music in a public establishment is required to obtain advanced permission from the copyright owner, or their representative.” A PRO, sometimes referred to as Performing Rights Society (PRS), is a licensing agent for songwriters and their music publishing companies, and it coordinates royalties for the appropriate parties. (Amazingly, “SESAC” is not an acronym—the name doesnt stand for anything.) However, the responsibility for procuring this license usually falls on the venue or organization hosting the band. Owners of performance venues purchase license agreements from one or all of the big PROs. In addition to SESAC, the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) also coordinate performance licensing for such venues. So, if you perform cover songs at weddings or nightclubs, the venue would need to have the appropriate licensing agreement or face legal exposure. (The same obviously goes for venues hosting tribute bands—bands that cover many songs by the same bands.) Each of the three PROs covers certain artists, so the entity one goes to depends on the songs being performed. Many locations get performance rights from more than one PRO, as artists whose work might be performed are covered by different licensing agents. The rates a venue can expect to pay for performance rights can vary: costs depend on type of venue, type of performance, frequency of performances, entrance fees, and other factors. Certain venues are exempt from royalty requirements altogether: churches and other places of worship often qualify for exemption, as can non-profit educational venues (so long as the songs are part of an in-person teaching activity). Anyone considering whether a performance will be exempt should check with the appropriate PRO in advance.
Posted on: Wed, 12 Nov 2014 00:51:28 +0000
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